This public consultation was held to gather interested stakeholders' comments on the draft chapters of the Policy Framework for Investment currently being updated. The consultation ran until 31 December 2014.

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This paper analyses investment treaty provisions relating to shareholder claims. It addresses (i) treaty regimes for shareholder recovery and company recovery of damages; (ii) the interaction of reflective loss claims with treaty provisions that seek to limit multiple claims; and (iii) treaty provisions applicable to government objections to shareholder claims for reflective loss.

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Held in Paris on 19 March 2014, the 20th Roundtable began a second round of discussions on hidden investment protectionism. Discussions also focused on investor-state dispute settlement and international investment law, the related topic of legal principles applicable to joint government interpretation of investment treaties, the use of OECD materials in ISDS cases to date, and competitive neutrality.

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This page lists OECD investment policy tools intended to help governments interested in creating an attractive investment environment and in enhancing the development benefits of investment to society.

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This paper examines shareholder claims for reflective loss under investment treaties in light of comparative analysis of advanced systems of corporate law; considers the impact of allowing shareholder claims for reflective loss on key characteristics of the business corporation; and explores possible responses by different categories of investors to the availability of shareholder claims for reflective loss under investment treaties.

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Investment treaties are often thought to be silent on investors’ responsibilities to host societies and on their contributions to sustainable development. This paper establishes a factual and statistical basis for understanding the relationship between investment treaty law and governments’ ability to advance the sustainable development agenda and promote responsible business conduct.